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(영문) 서울남부지방법원 2017.05.02 2016고단2915
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2016, the Defendant driving a car in C Spanpo area with around 06:20 on April 23, 2016, and driving the car in Geumcheon-gu Seoul, Geumcheon-gu, Seoul at a point 340.2 km of the 340.2km away from the side of the two-lane road in addition to the two-lane road in Geumcheon-gu, Geumcheon-gu, Seoul, with a duty of care to prevent accidents due to the failure to perform the duty of care due to the failure to perform the duty of care due to the failure to perform the duty of care due to the change of the vehicle into the two-lane, the Defendant operated the car in

Esch Rexton car's rear part is shocked to the front part of the Esch Rexton car, resulting in the victim's injury of any obscure signboard disability requiring approximately two weeks of treatment, and at the same time, even though the Esch Rexton car's damages to be 2,060,268 won for repair costs, it was immediately stopped and escaped without taking necessary measures such as relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (a criminal investigation including specific suspect);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (a punishment shall be imposed for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violation of Road Traffic Act (a punishment shall be imposed by an electronic device with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The act of stopping immediately after causing a traffic accident on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is highly likely to be subject to criticism as an act against the basic trust as a member of a social community. However, the Defendant is considerable after the accident.

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